This document is an excerpt from the EUR-Lex website
Document 62020TJ0404
Judgment of the General Court (Third Chamber) of 6 October 2021.
Global Translation Solutions ltd v European Commission.
Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Method of evaluation – Manifest error of assessment – Equal treatment – Transparency – Obligation to state reasons – Duty of diligence – Principle of sound administration.
Case T-404/20.
Judgment of the General Court (Third Chamber) of 6 October 2021.
Global Translation Solutions ltd v European Commission.
Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Method of evaluation – Manifest error of assessment – Equal treatment – Transparency – Obligation to state reasons – Duty of diligence – Principle of sound administration.
Case T-404/20.
ECLI identifier: ECLI:EU:T:2021:654
Judgment of the General Court (Third Chamber) of 6 October 2021 –
Global Translation Solutions v Commission
(Case T‑404/20)
(Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Method of evaluation – Manifest error of assessment – Equal treatment – Transparency – Obligation to state reasons – Duty of diligence – Principle of sound administration)
1. |
Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Summary of the pleas in law on which the application is based – Unambiguous wording of the form of order sought by the applicant – Requirement not met – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d) and (e)) (see paras 25-27) |
2. |
European Union public contracts – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (European Parliament and Council Regulation 2018/1046, Art. 166(2)) (see para. 42) |
3. |
Judicial proceedings – Application initiating proceedings – Formal requirements – No summary of the pleas in law on which the application is based – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 62) |
4. |
European Union public contracts – Tendering procedure – Duty to observe the principles of equal treatment of tenderers and transparency – Scope – Obligation to formulate clearly, precisely and unequivocally the conditions and procedures for awarding the contract (European Parliament and Council Regulation 2018/1046, Arts 160(1) and 166(2)) (see paras 76-79) |
5. |
European Union public contracts – Tendering procedure – Award of contracts – Most economically advantageous tender – Award criteria – Observance of the principles of equal treatment of tenderers and transparency – Obligation to establish a weighting for the sub-criteria of award criteria provided for in the tender specifications or contract notice (European Parliament and Council Regulation 2018/1046, Arts 160(1) and 166(2)) (see para. 80) |
6. |
European Union public contracts – Tendering procedure – Duty to observe the principles of equal treatment of tenderers and transparency – Scope – No obligation, before the submission of tenders, to communicate the assessment method of the awarding authority (European Parliament and Council Regulation 2018/1046, Arts 160(1) and 166(2)) (see paras 81, 82, 91) |
7. |
European Union public contracts – Tendering procedure – Award of contracts – Award criteria – Method of assessment – Discretion of the awarding authority (European Parliament and Council Regulation 2018/1046, Art. 166(2)) (see paras 83, 84) |
8. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for the award of a public service contract, not to accept a tender – Assessment having regard to the information at the applicant’s disposal at the time the action was brought – Information provided to the applicant not clearly showing the reasons for rejecting the tender and not sufficiently explaining the characteristics and advantages of the tender accepted – Obligation to communicate, following a written request, the characteristics and relative advantages of the tender accepted and the name of the tenderer – No obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer – Sufficient statement of reasons (Art. 296 TFEU; European Parliament and Council Regulation 2018/1046, Art. 170(2) and (3)(a) and Annex I, point 31.1) (see paras 108-110) |
9. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for the award of a public service contract, not to accept a tender – Assessment having regard to the information at the applicant’s disposal at the time the action was brought (Art. 296 TFEU; European Parliament and Council Regulation 2018/1046, Art. 170(2) and (3)(a) and Annex I, point 31.1) (see para. 111) |
10. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for the award of a public service contract, not to accept a tender – No obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer (Art. 296, second para. TFEU; European Parliament and Council Regulation 2018/1046, Art. 170(2) and (3)(a) and Annex I, point 31.1) (see para. 126) |
11. |
EU law – Principles – Principle of sound administration – Duty of diligence – Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see para. 133) |
Re:
Application under Article 263 TFEU for annulment of the Commission’s decision contained in the letter of 17 April 2020 rejecting the tender submitted by the applicant for Lot 22 (EN>MT) in tendering procedure TRAD 19 and awarding that lot to another tenderer, and for annulment of ‘all related decisions’.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Global Translation Solutions ltd. to pay the costs. |